Cause No.

DC-18-18651
CITY OF DALLAS, § IN THE DISTRICT COURT
§
Plaintiff, and §
§
STATE OF TEXAS, §
§
§
Intervenor-Plaintiff
§
§
v. §
§ DALLASCOUNTY,TEXAS
BLUE STAR RECYCLING LLC;
§
ALMIRA INDUSTRIAL AND TRADING §
CORP.; CCR EQUITY HOLDINGS §
ONE, LLC; 9505 S. CENTRAL §
EXPRESSWAY, IN REM; 9527 S. §
CENTRAL EXPRESSWAY, IN REM; §
AND CHRIS GANTER, §
§
Defendants. § 191st JUDICIAL DISTRICT

AGREED FINAL JUDGMENT

On this day, Plaintiffs, the City of Dallas and the State of Texas, and Defendants, CCR Equity

Holdings One, LLC, and 9505 S. Central Expressway, In Rem 1 (collectively the "Settling Parties"),

submitted to the Court this Agreed Final Judgment ("Agreed Judgment") following negotiations

and settlement of this case. By presenting this Agreed Judgment to the Court, the State of Texas

announces that it has published notice of this Agreed Judgment in the Texas Register for thirty

(30) days as required by Texas Water Code§ 7.110, and received no comments that indicate the

1
Based on the conflicting information available in the public records, it is not feasible to distinguish between the
separate properties based on the addresses of 9505 S. Central Expressway and 9527 S. Central Expressway. This
Agreed Judgment applies to the Real Property owned by CCR One (defined infra), but not the real property owned by
defendant Almira Industrial and Trading Corp. regardless of the address.

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT - PAGEl
proposed settlement is inappropriate, improper, inadequate, or inconsistent with applicable law.

Therefore, by duly authorized signatures subscribed to this Agreed Judgment, the Settling Parties

represent to the Court that they agree to its terms, and that it represents the compromise and

settlement of all Claims (defined irifra) brought against 9505 S. Central Expressway, In Rem and

CCR Equity Holdings One, LLC. The Court finds that it has jurisdiction over the subject matter

of this action pursuant to Chapters 54 and 211 of the Texas Local Government Code and Chapter

7 of the Texas Water Code. After reviewing the pleadings, the Court finds this Agreed Judgment

to be proper, necessary, and in the best interest of justice.

I. PARTIES

1. Plaintiff, the City of Dallas ("City"), is a home-rule municipal corporation situated

mainly in Dallas County, Texas, incorporated and operating under the laws of the State of Texas.

2. Intervenor-Plaintiff is the State of Texas ("State") on behalf of the Texas Commission

on Environmental Quality.

3. The settling Defendants are 9505 S. Central Expressway, In Rem and CCR Equity

Holdings One, LLC ("CCR One"). CCR One is a Texas limited liability company that owns the

real property described in the Special Warranty Deed with Vendors Lien that was recorded in

Dallas County, Texas on April 12, 2018, Instrument No. 201800096174, as follows:

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT- PAGE2
 BRING all that certllJn lot, tract. or parcel of land siiulllc:d ln the L, Doon Survoy, Ab.m-tH!f
Number 380, la cm City or Dallas, Dalla$ Coardy, Tcus, Md being the remainder of th1tt
s11me Cract ot land deiceribed by deed to Comet Autt> Salv11ge, foe. ss reconled t1ud11·r
Volume 2002130, Page 253(1, Official Fllblie Records or Dallaa County, Tens,
(O.P,.R.D.C.'f.), and boing mon, pa1·tkulwrly clescrlbtid by mct111S and bounds iu iollow~1
BEGINNING at a IJl inch iron rod with c:ap stamped, "Shield~ & Lee" fou.ad ror the east
ronwr of !he bettin d'34.'ribcd tract, same being tlle east comer of aaid Co111c:t /\ufo Salvage
tract (2002l8il.12SJO), and bdng the north corner ofa tra« ofland described by dC4)d to
Brown Fainily l,ewlsYtlle Railroad Family Fint, LP.,. recorded under lnstrullll'nt Number
:Wl<l0004S413, (0,P.R D.C.1',), said f'M'lnt abo beiag Ill lhe prcsl!llt soutb..,est line: of S.
Cmtral Expnmv11y;
TJTENCE Soulh ~, degreea 05 minutes 1, seo11onds Wed, with the southeast line of &aid
Comd Auto Salvage 1raet (200218tl/25JO), aud with the: nortbwmerty line or said Brown
Famlty !met, a distance of 581.33 fett to a 1/t h1ch ir&n rod with yellow c:11p 5t,u11ped,
"'Arthur Surveying Company" (ASC} set for eomet"• flaJlllc being lhe west comer theroof,
a11d being the 1<>11tla comer of Hid Comet Anw Salv111ge tract (2002180/2.'130), said J]()b1t
also being m die northeasrerly line of a trad of lnnd deffl'ibod by d1.'ed to Texas Power aad
Ugbt Compaoy :lll recorded 1mder Vc1lu1ne 10241, ru~o24, (0.P.RJ).C.T.), from whic;h a
found "6'JD" nail bears South 24 dcgreei: 00 minut1111 3S swonds East a distance of 3.JO rect1
THENCE Norlh 35 deifreea 37 minutes 21 1ccondi Wat, with a southwe11terty line of s11kl
Comet Auto S1111'11ge traet (1G02181)/2530), and wiih fflc oortfaeasterly line of ..aid Tcxmi
J'..,wer and Llghi Compliln)' tract, 11 dil!C..ce ofl54.1S fec,1 10 a 112 Inch lrnn rod with ASC
c:wp nt for rorncr, S11me beta& a nortliwi,st corner or Aid Comet Auto S11lvagi, tract
{2002188/l!30), and beh1g the soathwe,i;t corner of G.N. PhilliP)' Subdivlsfon, an 1ulditlon to
tb.e City 11U>allas, Dallu Couuty, Tllllll, acwrdulg to the pmt n,corthd 1mder Volume 2,
1'3g111?2B, l'lat Rec:orda ofl>11lw Co11Dty, Te-lli11s, (P.R.D.C.1',), fnim 111·hict1 a round "600"
nail bean South 7$ degrees IS aninutes S7 seconds Eur a distance of 10.49 feet;
THENCE North 40 dear- 08 n1hu1tes 40 seconds lta.st, a northwesterly lisc or said Comet
Auco Salvage trad (lOOll80/2530), ,u,d with tile soatlleuterly linci of said G.M. Phillipy
S11bdivltlo11, a distltm:e oru.:J.18 reet to a 1/2 tnc:h iroa rCld with ASC a.p ~t for corner,
same being lhe ,outfmisl 1?0rner thC!reot, and being the southwest corner of a Cract of mac,1
deurlbcd b)' deed to Almir11 tnd11strial 11nd Trading Corporation as recorded 1Utder
Instrument Nw:nbn- 201400?8765, (O.P.R.D.C.'J'.);
THENCE North 76 degrees 27 ntlnnw JS seconds Rut, wilt. a •ootltcrly lrne of said
,\b:nlra tl'IKt, a distance of6S.6l feet to II Ill inch Iron rod witli ASC cap SO( f•r co ~.,..,.,4;t.,,.
Hime being: a so1ttlu!rly coraer thereof;

THENCE North 55 dcgrc:,cs 36 minutes 43 sefflnch E,ut, with a souilw~llt.,rly I

Abnini trad, 11 distarn;e of 290.64 r«r to a 112 Inch Iron rod folllld for corner, Hme bciBg
the cast comer lhereor, gald point also beiag in !111, #outhwestcrly liac of J1aid S. Ct\ntral
Elrpressway;
THENCE South JO degn!e.s 59 minute, 20 seconds Eaat, with the ""m,rly line of sRicl Cmnd
Auto Salva~ true (2001188JlS30), and ~·!lb Ille soulhwesttriy line of !IUI S. Cenlnl
Expl'elliiWay, a dirtancc or 346.94 feet to TUE POINT OP BEGJNN!NG and oontai1dng
4.JSII acres of land, more or le•M.

(the "Real Property owned by CCR One").

4. The Settling Parties do not include Blue Star Recycling, LLC, Almira Industrial and

Trading Corp. and Chris Ganter.

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT -
PAGE3
 II. STIPULATIONS

1. The Settling Parties hereby stipulate to the following:

a. The City and the State are duly authorized to bring the Claims pursuant to State

law.

b. This Agreed Judgment complies with all statutory, jurisdictional, and procedural

requisites necessary for entry and enforcement.

c. The Settling Parties agree to the terms of the Agreed Judgment, request the Court

to approve it, and waive the right to appeal its validity.

d. This Agreed Judgment represents a compromise and settlement of all Claims.

Nothing in this Agreed Judgment, including the payment of civil penalties to the State, shall

constitute or be construed as an admission of liability or to the validity of the allegations or

Claims in the lawsuit on behalf of CCR One, 9505 S. Central Expressway, In Rem, or the

Real Property owned by CCR One, or any of their members, agents, affiliates, successors or

assigns. This Agreed Judgment merely effectuates the terms of the Settling Parties

settlement of the disputed allegations and Claims.

e. The Settling Parties' agree that: they actively participated in negotiations leading

up to this Agreed Judgment, they understand the duties placed upon them by this Agreed

Judgment, they have read the terms of this Agreed Judgment, and this Agreed Judgment is

not ambiguous.

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT - PAGE4
 ID. DEFINITIONS

1. In this Agreed Final Judgment:

a. "Settling Parties" shall mean the City of Dallas, the State of Texas, and CCR

Equity Holdings One, LLC, 9505 S. Central Expressway, In Rem, and the Real Property

owned by CCR One.

b. "Effective Date" shall mean the date this Agreed Judgment is signed by the Court.

c. "Claims" shall mean all manner of action and actions, cause and causes of action,

request or requests for damages, request or requests for judgments, request or requests for

fines or penalties, and demands whatsoever, in law or in equity, that were asserted by the

City or State against 9505 S. Central Expressway, In Rem and CCR Equity Holdings One,

LLC in the above-styled lawsuit including in the Plaintiff City of Dallas's First Amended

Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent

Injunctions, and Requests for Disclosure and the State of Texas's Original Petition in

Intervention and Request for Temporary and Permanent Injunctions.

d. "TCEQ" shall mean the Texas Commission on Environmental Quality, an

agency of the State of Texas.

e. "Solid Waste" has the meaning defined in Section 361.003(35) of the Texas Solid

Waste Disposal Act, and, in addition, includes petroleum and petroleum product wastes.

Solid Waste includes, but is not limited to, recyclable material pursuant to 30 Texas

Administrative Code § 330.3(122).

f. "Environmental Site Assessment" means the assessment using the procedures

described by ASTM Standard E-1527 and the All Appropriate Inquiry Rule promulgated by

the U.S. Environmental Protection Agency for Phase I assessments and 30 TAC 350 for

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT- PAGES
 Phase II assessments and in accordance with local, state, and federal rules applicable to

environmental site assessments, including the Texas Risk Reduction Program {"TRRP"), as

set forth in Title 30 of the Texas Administrative Code, Chapter 350

2. This list is not exclusive; other definitions are given elsewhere in this Agreed

Judgment.

IV. SETTLEMENT PAYMENTS

1. 1n settlement of all Claims by the State, CCR One shall pay the State the amount of

fifty-five thousand dollars ($55,000) as a civil penalty (the "State Payment"). CCR One shall make

full payment of the State Payment in accordance with Section VIII of this Agreed Judgment.

2. 1n settlement of all Claims by the City, CCR One shall pay the City the amount of one

million dollars ($1,000,000.00) (the "City Settlement Payment"). CCR One shall make full

payment of the City Settlement Payment in accordance with Section VIII of this Agreed Judgment.

V. SOLID WASTE REMOVAL AND PROPERTY REMEDIATION AGREEMENT

1. The Settling Parties agree, and it is hereby ordered that, upon the City's receipt of the

City Settlement Payment, and pursuant to Section 54.020 of the Texas Local Government Code,

the City shall promptly commence, within sixty (60) days of the receipt of the City Settlement

Payment, removal and disposal of all Solid Waste materials, including, but not limited to the

unprocessed roofing shingles and ground-up shingle materials, from the Real Property owned by

CCR One and diligently dispose of all Solid Waste on the Real Property owned by CCR One in

accordance with all local, state, and federal rules and regulations, until completion (the "Solid

Waste Removal Phase") which shall occur within one year of the Effective Date. The duration of

the Solid Waste Removal Phase may be extended only by written agreement of the Settling Parties,

signed and filed with the Court pursuant to Texas Rule of Civil Procedure, or by an order approved

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT - PAGE6
by the Court.

2. If the Solid Waste materials currently located on the Real Property owned by CCR One

are transferred by the City and offered for disposal at McCommas Bluff Landfill, the City and

State agree to waive all fees associated with the disposal, including the statutory tipping fees, as

required by Section 361.0B(h) of the Texas Health & Safety Code.

3. CCR One shall grant access to the City to the Real Property owned by CCR One as

needed to effectuate this Agreed Judgment in accordance Section VI of this Agreed Judgment.

4. If CRR One fails to make the City Settlement Payment under this Agreed Judgment

within thirty (30) days of the Effective Date, CCR One shall immediately commence removal and

disposal of all Solid Waste materials, including, but not limited to the unprocessed roofing shingles

and ground-up shingle materials, from the Real Property owned by CCR One. CCR One shall

dispose of all Solid Waste on the Real Property owned by CCR One, in accordance with all local,

state, and federal rules and regulations, within one year of the Effective Date. The duration of the

Solid Waste Removal Phase may be extended only by written agreement of the Settling Parties,

signed and filed with the Court pursuant to Texas Rule of Civil Procedure, or by an order approved

by the Court.

5. Within one hundred and eighty (180) days following the removal of all Solid Waste

materials from the Real Property Owned by CCR One, including, but not limited to the

unprocessed roofing shingles and ground-up shingle materials, the City shall ensure that an

Environmental Site Assessment of the Real Property owned by CCR One is conducted (the

"Environmental Site Assessment Phase"). The Environmental Site Assessment shall be performed

by a licensed environmental consultant to be mutually agreed upon by the City and CCR One (or

otherwise approved by the Court solely in the event the City and CCR One are unable to mutually

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT- PAGE7
agree upon the licensed environmental consultant) and to be retained and paid for by the City. The

duration of the Environmental Site Assessment Phase may be extended only by written agreement

of the Settling Parties, signed and filed with the Court pursuant to Texas Rule of Civil Procedure,

or by an order approved by the Court.

6. The City shall promptly submit a copy of the Environmental Site Assessment report

detailing the findings of the Environmental Site Assessment to the Settling Parties within fourteen

(14) days following the City's receipt of such report.

7. Upon completion of the Solid Waste Removal Phase and Environmental Site

Assessment, the City shall have the right to acquire the Real Property owned by CCR One from

CCR One at no cost.

8. Sh.ould the City elect to acquire the Real Property owned by CCR One, it must provide

written notice to the Settling Parties through their counsel of record in this lawsuit within thirty

(30) days onhe completion of the Environmental Site Assessment.

9. Within sixty (60) days of written notification by the City of its election to acquire the

Real Property owned by CCR One, or such reasonable time thereafter as the purchase money

lender on the Real Property owned by CCR One records a Release of Lien, CCR One shall convey

good and indefeasible title to the Real Property owned by CCR One to the City free and clear of

any recorded liens, except for any liens that have been or may be recorded by the City, its agents

or contractors during, arising from, or in connection with the Solid Waste Removal Phase or

Environmental Site Assessment Phase and including any lien under Section 54.020 of the Texas

Local Government Code (unless CCR One does not make full payment of the City Settlement

Payment). CCR One will pay for the title insurance policy.

10. CCR One (including any successors, and/or assigns) and its members, managers,

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT- PAGES
owners, and any other entities with common ownership (including any successors and/or assigns),

which includes but is not limited to CCR Equity Holdings Two, LLC, CCR Equity Holdings Three,

LLC, CCR Equity Holdings Four, LLC, CCR Equity Holdings Five, LLC, CCR Equipment, LLC,

and CCR Equity Management, LLC, shall not lease any real property located in Dallas County,

Texas, Collin County, Texas, Denton County, Texas, Kaufman County, Texas, or Rockwall

County, Texas to (a) Blue Star Recycling LLC for any future landfill site or shingles recycling use

or any industrial use, or (b) to any other entity for which Chris Ganter is an owner; member; or, to

the extent CCR One has actual knowledge of Ganter's status, an employee.

VI. SITE ACCESS

1. In order to complete the Solid Waste Removal Phase and Environmental Site

Assessment, CCR One hereby grants to City, its agents, employees and contractors, including the

entity or entities that enter into a Contract for Services with the City for services provided in

connection with the Solid Waste Removal Phase (hereinafter the "Contractor"), a non-exclusive

license, right, and privilege of ingress and egress, over, across and under the Real Property owned

by CCR One for the sole purpose of conducting the required activities of the Solid Waste Removal

Phase and those activities which are reasonably necessary in connection with the Solid Waste

Removal Phase and Environmental Site Assessment.

2. To the extent practicable, City shall provide CCR One with at least five (5) days' notice

prior to the commencement of the Solid Waste Removal Phase.

3. City and Contractor shall:

(a) furnish all materials and perform all work and activities necessary for the Solid

Waste Removal Phase in accordance with all applicable federal, state and local laws and

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT- PAGE9
regulations issued pursuant thereto including, but not limited to, all stormwater regulations and

management requirements ("Legal Requirements");

(b) prior to commencement of the Solid Waste Removal Phase, submit to CCR One all

details and specifications of anticipated activities during the Solid Waste Removal Phase,

including proposed location of installations on the Real Property owned by CCR One, if any;

(c) City shall pay all costs for all materials and labor in connection with the Solid Waste

Removal Phase;

(d) promptly provide CCR One with split samples (if requested by CCR One) and data of

any monitoring or tests, including copies of any reports thereof, taken in connection with

environmental assessments performed during or in connection with the Solid Waste Removal

Phase or Environmental Site Assessment Phase; and

(e) in connection with the performance of the Solid Waste Removal Phase and

Environmental Site Assessment Phase properly restore, repair and/or replace any buildings, or

other improvements or fixtures on the Real Property owned by CCR One which may have been

inadvertently damaged to the same or better condition (and, if applicable, same grade level)

existing before the commencement of the Solid Waste Removal Phase; and

(:t) not record any liens, or allow any of its agents or subcontractors, to record any liens

against the Real Property owned by CCR One during, arising from, or in connection with the Solid

Waste Removal Phase or Environmental Site Assessment Phase, and including any lien under

Section 54.020 of the Texas Local Government Code (assuming the City Settlement Payment is

made in accordance with this Agreed Judgment).

4. Throughout the Solid Waste Removal Phase, the City shall require the Contractor to

maintain commercial general business liability insurance coverage on an "occurrence" basis

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT- PAGElO
(endorsed to include hazards of operations including explosion, collapse and underground

coverage, independent contractor coverage, broad form property damage liability coverage,

products/completed operations coverage, and contractual liability coverage), in a combined single

limit amount of not less than $1 million, with a general aggregate for all occurrences within such

policy year of not less than $2 million, in each case such limits to be maintained regardless of any

payouts made thereunder. The City shall require the Contractor to have CCR One identified as an

additional insured under the commercial general business liability insurance policy. The City shall

require the Contractor to maintain the insurance and comply with the requirements of the Insurance

Requirements agreed upon by the Contractor in connection with the City's Request for Proposal

or Contract for Services.

5. Any testing company and/or environmental consultant hired by City or Contractor

to perform monitoring during the Solid Waste Removal Phase or Environmental Site Assessment

Phase must be licensed pursuant to all applicable Legal Requirements throughout the term of the

Solid Waste Removal Phase and Environmental Site Assessment Phase.

6. The City shall designate a project manager to communicate with the Contractor, any

testing company, the environmental consultant, and CCR One. The City will provide CCR One

with the contact information (name, phone number and email address) for the project manager to

communicate with CCR One and/or its designated agents regarding the status of the Solid Waste

Removal Phase, Environmental Site Assessment Phase, and Environmental Site Assessment. The

City will require the Contractor, any testing company and the environmental consultant to adhere

to the Environmental Policy of the City of Dallas, including the Environmental Management

System (EMS), based upon International Standards Organization (ISO) Standard 14001, as well

as all local, state, and federal laws, rules, and regulations, including, without limitation, those of

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT- PAGE 11
the Occupational Safety and Health Administration (OSHA), U.S. Environmental Protection

Agency (EPA), and the Texas Commission on Environmental Quality (TCEQ). If (i) a spill or

release occurs, or (ii) any violation of the above-referenced local, state or federal laws, rules, or

regulations occurs (subparts (i) and (ii) are collectively referred to as an "Incident"), the City will

request the Contractor, any testing company, and environmental consultant to simultaneously

report to the City and CCR One such an Incident. The City Designate shall also notify CCR One

of any such Incident at the earliest possible opportunity. The City shall provide a written status

report to the CCR One at least every two weeks regarding the Solid Waste Removal Phase,

Environmental Site Assessment Phase, and Environmental Site Assessment. The written status

report shall also include any reports, disposal receipts, photos, or manifests provide to the City by

the Contractor, testing company or environmental consultant during the preceding two weeks.

These documents will be provided to CCR One via a designated email address. The City shall

work cooperatively with CCR One to exchange relevant information regarding the Solid Waste

Removal Phase, Environmental Site Assessment Phase, and Environmental Site Assessment.

7. Access to the Real Property owned by CCR One shall terminate upon the completion

of the Solid Waste Removal Phase and Environmental Site Assessment Phase.

VII. ATTORNEY'S FEES

1. CCR One shall pay the State the amount of thirty thousand dollars ($30,000) in

attorney's fees. CCR One shall make full payment of this amount in accordance with Section VIII

of this Agreed Judgment.

VIII. PAYMENT

1. All amounts required to be paid to the State in accordance with Sections IV and VII of

this Agreed Judgment shall be paid within thirty days (30) of the Effective Date of the Agreed

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT- PAGE12
Judgment, by certified check made payable to the "State of Texas (AG# CX3595988184)." The

check shall be delivered to Division Chief, Environmental Protection Division, Office of the

Attorney General, P.O. Box 12548, MC-066, Austin, Texas 78711-2548.

2. The City Settlement Payment shall be made by certified check payable to the "City of

Dallas." The check shall be delivered to counsel of record for the City of Dallas, City Attorney's

Office, Dallas City Hall, 1500 Marilla Street, Suite 7DN, Dallas, Texas 75201 within five business

(5) days of the signature of this Agreed Judgment by both counsel for the City and CCR One. The

City shall not endorse or deposit the check until the Effective Date of this Agreed Judgment. The

check will be returned to CCR One if there is no Effective Date within ninety (90) days of the

signature of this Agreed Judgment by counsel for the City.

IX. RELEASE BETWEEN THE CITY OF DALLAS AND CCR ONE

1. In consideration for the City Settlement Payment, the City and CCR One release

each other (with the City's release also including CCR One's members, managers, and owners,

including, but not limited to Cabe Chadick) from all manner of action and actions, cause and

causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties,

covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,

judgments, executions, claims, fines, penalties, and demands whatsoever, in law or in equity

(collectively "Released Claims"), which the City or CCR One and their agents, representatives,

predecessors, successors, and assigns, ever had, or now has, against the City or CCR One

respectively relating to, arising out of, or in any way stemming from the above-styled Lawsuit,

the Claims, the Real Property owned by CCR One, the Solid Waste material, and/or any claims

that the City asserted in the above-styled lawsuit, with the exception of the Parties' obligations

under this Agreed Judgment.

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT- PAGE13
 2. In consideration for the City Settlement Payment, the City agrees not to file

another lawsuit against CCR One or its members asserting the Released Claims pending the entry

of this Agreed Judgment or after the Effective Date.

X. RESERVATION OF RIGHTS

1. Notwithstanding any other provision of this Agreed Judgment, nothing in this Agreed

Judgment shall be construed to be a release by the State of:

a. Claims that are not within the authority of the TCEQ;

b. Claims based on a failure by CCR One to meet a requirement of this Agreed Judgment;

c. Criminal Liability;

d. Liability for violations of federal, state, or local law that occur on or after the Effective

Date of this Agreed Judgment.

2. Nothing in this Agreed Judgment shall limit the State's use of this Agreed Judgment as

required by law.

3. The State reserves its rights to seek additional administrative, civil, or criminal

penalties for violations of state or local law that occur after the Effective Date, or for any claims

arising from factual allegations not raised in the City or State's pleadings.

XI. PUBLIC NOTICE

1. The signature on this Agreed Judgment for the State is subject to the public notice and

comment required by the Texas Water Code § 7 .110. This Agreed Judgment will not be presented

to the Court and the State's consent will not be effective until public notice of this Agreed

Judgment has been published in the Texas Register, the public has been given thirty (30) days

during which to comment to the State on the terms of this Agreed Judgment, and the State has re-

affirmed its consent after considering any comments, by presenting the Agreed Judgment to the

City of Dallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT - PAGE 14
Court for signature and entry.

XII. COLLECTION AND INTEREST

I. If any payments are not made in accordance with this Agreed Judgment, the State

and/or City may execute and seek all lawful means of collection on the entire unpaid balance of

the Agreed Judgment against CCR One.

2. CCR One shall pay post-judgment interest on all amounts awarded in this Agreed

Judgment at the legal rate of five (5) percent per annum, if such amounts are not paid pursuant to

the terms of this Agreed Judgment.

XIII. GENERAL PROVISIONS

1. This Agreed Judgment may be executed in multiple parts, which together shall

constitute a single original instrument. Any executed signature page to this Agreed Judgment may

be transmitted by facsimile transmission or email to the other Settling Parties, which shall

constitute an original signature for all purposes.

2. The State may abstract and record the Agreed Judgment in the exercise of its discretion

as permitted by law.

3. This Agreed Judgment shall not be construed in any way to relieve CCR One,

including its agents or contractors, from the obligation to comply with any federal, state, or local

law.

4. This Agreed Judgment shall not be construed in any way to relieve the City,

including its agents or contractors, from the obligation to comply with any federal, state, or local

law.

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT- PAGE 15
 5. Each of the undersigned representatives of a party to this Agreed Judgment certifies

that he or she is fully authorized to enter into the terms and conditions of the Agreed Judgment

and to legally execute and bind that party to the Agreed Judgment.

6. This Agreed Judgment does not affect the rights of the City or the State to continue the

prosecution of the above-styled lawsuit against Blue Star Recycling, LLC, Almira Industrial and

Trading Corp., and/or Chris Ganter, or to bring any other administrative, criminal or civil

proceedings as provided by law against Blue Star Recycling, LLC, Almira Industrial and Trading

Corp. and/or Chris Ganter.

7. The Settling Parties' agree to file an Agreed Motion to Sever the claims which are the

subject of this Agreed Judgment, so that this Agreed Judgment will become final as to the Settling

Parties and issues raised herein.

8. All relief not specifically granted herein is denied.

SIGNED this _ _ _ _ day of _ _ _ _ _ _ _ _ _, 2020.

JUDGE PRESIDING

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT- PAGE16
Agreed as to form and substance:

KEN PAXTON
Attorney General of Texas

BRENT WEBSTER
First Assistant Attorney General

RYAN L. BANGERT
Deputy First Assistant Attorney General

PRISCILLA M. HUBENAK
Chief, Environmental Protection Division

Date Signed: _ _ _ _ _ _ _ _ _ __
PHILLIP LEDBETTER
Assistant Attorney General
State Bar No. 24041316
Phillip.Ledbetter@oag.texas.gov

JAKE K. BROWN
Assistant Attorney General
State Bar No. 24084234
J ake.Brown@oag.texas.gov

Office of the Attorney General of Texas

Environmental Protection Division
P.O. Box 12548, MC-066
Austin, Texas 78711-2548
Tel: (512) 463-2012
Fax: (512) 320-0911

ATTORNEYS FOR THE STATE OF TEXAS

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT- PAGE17
CITY ATTORNEY OF THE CITY OF DALLAS

CHRISTOPHERJ.CASO
City Attorney

Date Signed: _ _October

_ _ _23, __2020
ANDREW M. GILBERT
Senior Assistant City Attorney
Texas State Bar No. 24012696
andrew.gilbert@dallascityhall.com

MITCHELL ROBBINS
Assistant City Attorney
Texas State Bar No. 24103902
mitchell.gilbert@dallascityhall.com

7DN Dallas City Hall

1500 Marilla Street
Dallas, Texas 75201
Telephone: 214-670-3519
Facsimile: 214-670-0622

ATTORNEYS FOR THE CITY OF DALLAS

Date Signed: October 23, 2020

GREGORY M. SUDBURY
Texas State Bar No. 24033367
ERIC G. CARLSON
Texas State Bar No. 24100076
QUILLING, SELANDER, LOWNDS, WINSLETT & MOSER, P.C.
2001 Bryan Street, Suite 1800
Dallas, Texas 75201
gsudbury@qslwm.com
ecarlson@qslwm.com

ATTORNEYS FOR CCR EQUITY HOLDINGS ONE, LLC

AND 9505 S. CENTRAL EXPRESSWAY, IN REM

City ofDallas, et al v. Blue Star Recycling LLC, et al

AGREED FINAL JUDGMENT - PAGE18